* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: July 26, 2019
+ CRL.M.C. 3594/2019
VIDYA SAGAR ORS …..Petitioners
Through: Mr. Shashi Kaushik, Advocate.
STATE ANR. …..Respondents
Through: Mr. Izhar Ahmad,Additional
Public Prosecutor for respondent-
State with ASI Tej Ram.
Mr. Arun Sharma, Advocate with
respondent No. 2 in person.
HON’BLE MR. JUSTICE SUNIL GAUR
CRL.M.A. 31978/2019 (Exemption)
Allowed subject to all just exceptions.
Quashing of FIR No.248/2013, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Najafgarh, Delhi is sought on the basis of
mediated settlement of 27th March, 2019 (Annexure C) and affidavit of 5th
July, 2019 of respondent No.2.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State submits that respondent No.2, present in the Court, is the
complainant/first-informant of FIR in question and she has been
identified to be so, by ASI Tej Ram on the basis of identity proof
produced by her.
CRL.M.C. 3594/2019 Page 1 of 3
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid mediated
settlement of 27th March, 2019 (Annexure C) and terms thereof have been
fully acted upon. Respondent No.2 affirms the contents of her affidavit of
5th July, 2019 supporting this petition and submits that now no dispute
with petitioners survives and so, the proceedings arising out of the FIR in
question be brought to an end.
Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai
Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for
exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR/criminal proceedings, which are as under:-
16.7. As distinguished from serious offences, there may be
criminal cases which have an overwhelming or predominant
element of a civil dispute. They stand on a distinct footing insofar
as the exercise of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in appropriate
situations fall for quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the disputants,
the possibility of a conviction is remote and the continuation of a
criminal proceeding would cause oppression and prejudice”.
Since the subject matter of this FIR is essentially matrimonial,
which now stands mutually and amicably settled between parties,
therefore, continuance of proceedings arising out of the FIR in question
would be an exercise in futility.
CRL.M.C. 3594/2019 Page 2 of 3
Consequentially, this petition is allowed subject to costs of
₹10,000/- to be deposited by petitioners with Prime Minister’s National
Relief Fund within four weeks from today. Upon placing on record the
proof of deposit of costs within a week thereafter and handing over its
copy to the Investigating Officer, FIR No.248/2013, under Sections
498A/Section406/Section34 of IPC, registered at Police Station Najafgarh, Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
JULY 26, 2019
CRL.M.C. 3594/2019 Page 3 of 3